The Sun. — London, England, 1808-02-05 00:00:00

NAVAL NEWS. • PLYMOUTH, FEB. Vi6luall4 from Sir RICHARD STRACIIAN'R Squadroi.. 'Tile provi sions she carried out for the supply of the squadron were not taken out 'from the Vittualler; o'xing to the look-out Frigate making signals, N'i.hich induced Sir RICHARD immediately to make ifitti his Squadron, supposed to be in pursuit of an' Enemy; but the date of this occurrence is not mentioned.; it clearly appears, however, from the Vi6tualler being sent back with her cargo, that the Squadron were not in want of provisions, as has been stated. - Arrived the Growler Gun-brig from the Squa dron cruizing off Cadiz with Dispatches, witla'which her. Commander, Lieut. Cuossumg, set off' imme diately for the Admiralty—she is stated to have passed through Sir RICHARD STRACHAN'S Squadron. Sailed the Primrose Sloop of War on a cruize: The Princess Charlotte Frigate went out of bar- hour this morning and anchored in the Sound. PO!erSMOUTII, FEL 4. Arrived yesterday the Contest Brig from Gibraltar; and the Bidefgrd, War.x, from Plymouth. Sailed this day L' Hercule, of 74 guns, the Hon. Capt.Cot.rma; for the Fleet off Lisbon ; Bawl:vita Sloop of War, Capt. liARRIS, with Dispatches_ for the Eaqt Indies;, Racehorse Brig, Capt. FISHER, La Floche Sloop of War; Capt. \VHITE, 'and .itclonfs Cutter, Lieut. WitILLOP, on separate cruizes. PEAL, FEB. 4.—Sailed his Majeity's Ship 'SullO, for, Portsmouth ; also the Ceres, Centaur, David Scott, 41nwick Castle, and the, Occ , :in East India . - nlen ; and the Friends, Ricrarrs; for Rio Janeiro. Came down frotn the River the Kingsmere, CHEST Lt, for Rio Janeiro; Mary Ellen, FORSTER, for St. Thomas's ; Venetia, Do:loco, and the Ed , Ward, LQVIR, for Jamaica. , Arrived and sailed for the River the Eolus (Danish Piize), from Plymouth. GEXERAL WIIITELOCKE's TRIAL. SIXTH DAY. The further examination of , Lieut. COI. Botiaxi ‘vas proceeded upon this morning. A variety of kestions were put to him upo n subjea s re l at i ng to e movements of the British Troops in their march towards the (clan of Buenos Ayres, the quantity of t provisions in theit possession, - &c. which led. Gee.: metal Sir JOHN MOORE. to,explain to the Judge A& voeate the precise nature of the .Pepirtment• filled ts Y the Quarter-Master General, and who concluded oh,erving, Such questions did not , immediately6ll under the cognizance of that Officer. The i; 3u Dor..,AirvocATs then proceeded to question the 'witness upon the subjedvf the terms offered to the I ' l ei"Y by General Gowita, BOVIIKE haVit i been the - bearer of the orders from General It Pret.ocKE to Major-General GOWER, COITHIIand• tng the advanced guard. SEVENTH DAY. This morning the examination of the Quarter ; inaster-General was.resunted, and in a short time the Judge Advocate concluded 'his interrogatories. l'he President, Sir WILLIAM MeAnows, then ad dressed the Court, reqUesting to know if the Meln 7. bers linA, any f art h er questio n s to propose to the Witness. A long examination by the Court then commenced, in which Lord LAKE, Lord CATH CART, and Sir JouN MoottE, took an naive part, particularly ithe latter,'frotu whom several written questions were handed up to the Judge AdVocate, tending to ascertain the measures adopted ley the CpUllalider in Chief to obtain inforMat ion and to pre serve the connexion between the Advanced Guard, under Major-General GOWER, and. the main Arrnp.. It was expeaed the examinalion of Lieut. , Colonel Boutittz ivciuld be conclude:l this day. • The witness Underwent a long Cross-examination ye,rterday.by General WHITELOCXE. The Court.was croWdeil as usual. hThe Metuhers of the Hdil se o f C ommons w h o oldwith othce:i antd,:r the PRINCE of WALES, all voted the Ministers, on the q u est i o n . of toe Copen 'aten Expediti on 11°in W , on Wed nes d a y' night ' and in so g, e have no doubt but that they di•clln.ed the sentiments of his Royal Highness, whose.m:n,,ly pa titiotisrn has, 911 so many occasions, b e en so einnleut /) dis PlaYed. • The S ID6IOUTII party voted with the pposition. . , b.,-lcoording to intellig ence from Dantzic, the Irina 43nts of th a t city are' in -the most: deplorable situa -61°4 it ° lll ' , .‘aut of provisions. Black bread, as it is 3014 riled *, which i n ordinary times has been generally at froth one penny to three Jlitifpence a pound, is nom , raised to 84. and beef, which wps at ad. per Wuod, is now up to 15d: ;. all Other: articles are raised in proportion.. Amid Such an accarnulation of calamity, not a ray at hope aiipears to warrant the , . e xPeaation of a change, at least for some tirne. On Tuesday the Duke of YoaK received out of the Registry of the Court. of Admiralty, by virtue of a grant from the King, 20,0001. from the pro ceeds of ships and cargoes condemned to Hrs MA OSTY.. The five Sail of Ships, seen off the Cove of Cork, are now supposed to have been five Danish India men, which were going North in order to e scape ouriCruizers. 7 • m Tits Tatovr HZ.—The chrnic Operal4The Wood an was r ev i ve d on Wednesday with slick success at Covent Garden Theatre, that it was represented again kit night, and is to be repeated this evening. t it music of this Opera, is so= of the very .best lAr. SHIN/ D h as produced, JAMAICA 111,41 L, KINGSTON, rim s.—The Crescent touched at Antigua, and left it on the c.).2d ult. While sha was there, information was received from . St. Bartholo %mew:s of. as great an at of brigandage tri ever cprred at any place. Two French, Vessels, it stated, .one a Brig, the other a Cutter, appeared off that Island* the 16th Nov. and landed 230 men at the town, who; . greedy for plunder, laid all the . inhabitants under contribution, demanded „all t h e property belonging to the inhabitants of St.. Do mingo, took all they 'could ~Colied. 'on board the Vessels, and ituntediately set Stit. Toy Gitadaluupe with. the booty: Vortunately for them there ,I no English men Of War Ilex- that Island - at the time. The Brig hi.' the audacity to come close into St. John's, Antigua, but stole away %vitliont experienc ing any molestation. KiiIGSTO, Kingston Regiment, and thri2 troops of Horse, were mustered on the Parade early on Wednesday morning,' when they immediately received , orders to proceed in divisiout throughout the city, to search the Negro-horses, &c. for fire-arms, which might have improperly come into the possession of Negroes y but 'few, however, were found. The different avenues to the city were guarded by regulars, and the . troops of horse visited the pens in' the vicinity. -A few Foreigners Were taken up, but afterwards, .on exa mination, ,liberated.—ln the month of September, a dreadful gale of wind was felt in the Bay of Mexico. At Campeachy 30 houses were destroyed, and about 50 . Vessels lost. The tide. rose to such a height as to drive some of the Ve3sel4 three Miles into the interior. About 12 Vthels were lost at Vera Cruz, and most. of the crews.perished.----Thr Hetc irrigate, of 32 guns, Captain l'sitt_BoN, ar rived the same day .from Citracoa : It is with sin cere. concern we state that she brings accounts of the loss of the Fire-Fly Schooner, of 'l2 guns, Lieut, NICE, and Of . the 'priVate armed Brig 'Aiglik,. Galt:EN, :of this Port, on ate ,INlklnkies, in the gale of. the 17th October last, and we lament to say that. the crews of both Vessels perished: : A white man, named WILLIAM GILGI:ASS, pro fessing the religion •of a Methodist, was brought before the Common Council on the 12th, for vio lating the Ordinance of the-Corporate Body, restria-, ing preaching, teaching, &c. to certain hours.— Oar a very patient. investigation, of the cireutn stances, in which the charge was fully proved, he , was sentenced to be confined m the comnion gaol of 'the county of Surrey for one calendAr month.— , Mr. JAMBS K,NOWLAN, also charged with a violation of the same Ordinance, being ill, was unable to tip- . pear before the Magistrates. , The .3avage-Brig,.of 18 guns, Captain MAURICH:. arrived on the 12th from a cruize, and .brought in with her the Spanish Privateer Brig Don,Qairate, of 12 guns and 913 men, commanded by .Captain 31/ANico. The Savage fell in with the Brig on the evening of the 30th ult. of i Cirthagena, and hoisted American colours; upon which she -immediately bore down, and when within two miles distance sent a Boat, for the pnrptise of boarding , the Savage, copceiving her a Merchantman. The people in 106, boat soon discovering their error, returned - to - their . vessel, and the Savage then showing English co , louts, commenced tiring ; but finding tier shot , d 4 not reach her, and night coming on, she shortty • after discontinued, it. At dap-light on the follow ing Morning the Savage perceived the Privateer to leeward', and gave cline ; and the fore-topmaat of, the latter having been carrier!away, she soon came hp. with her and succeeded in captpring her. Tire Pi ivateer had a few days before taken the' Brig Thorn, ANNET, of this port, after a bard contested a6llon of two hours, in which the ,First and Second Mates of the Vessel lost their lives. Burin; the Savage's Cruize she fell in with Le Goy, a Brig, and learnt that she had a few days pre vious spoke a Spanish Packet, bound to the Wind.: ward Islands, which had been captured by the Pert Brig, C:11)1. CAMPBELL. 11)6)r - in:Ilion was received from this Vessel, that, shortly after being captured, the Pert was lost in a violent hurricane on the In-; dian Coast; the crew (excepting the alptain and 12 men) wee saYed, and were on board We Prize. The Pert belonged to the Wind Ward Islan4 Station. Yesterday Letters were received from' Algiers, to the latter end of November. The folloWing . is Extras from , one, dated the ' loth and 2611) of .the same month ALGreas, .Nov. 19, 1807.---" Within these last few days we have beeniterribly alarmed by an earth quake, which ,has boen generally felt for mans .miles round, Yesterday there was another slight shlA, but its consequences were not so serious as those of the former. The first overthrew a number of housco in various parts of the:; .and rendero many others uninhabitable. The house I occupy is remit from top to bottom, land 1 have.not slept with my'clot hes off for 'two days and nights.' All the in , . habitants, Christians and Moors, as well as the Con sular families, sleep in the country every night, : in the 'Open air, being apprehemive of a more violent shock. ; The Algennes appear to be touch attached t.) the English, and would bee - glad to hear that i hey had made peace ,A th' the Turks. They are . alio very desirous of having .a brush with the French. - • Nov. 26.--" Since writing the foregoing, we have been alarmed every night by slight shocks of earthquakes. Trade is exceedingly drill, Which may be ascribed to various causes, namely, the 'war with Tunis,4 rebellion at Oran, and the unpopnlaritv the Day, who, having outlived the affections of his people, is soon expeCted to be removed. " A Frigate which sailed from hence nut long ago, we learn, has been captured by the Turks on board, and carried to the , Uvant.'' " N.B. Mention is made of a war with America." Mrs. Elizabeth Williams, now living, at Brenton, near Tavistock, in Devon, is in the i ooth year t of her age : she has almost a new set of teeth. About 30 years ado she had recourse to speaaeles, but at present makes but little use of them 25 She can read the smallest print without their assistance. She has two sons living, the eldest 85, and the only 70 years of age, lint remarkably strotv, belongs to a carrier's warchouf,e, and latcly case from, a, waggon of nearly 3 cwt. and co'. the d.stauce of zoq yards., PORTSMOUTH . , FEE. 4. Last night, at half past seven, a youtil man of the name of CPVCS was apprehended at POrtsMouth, for' stabbing a number of women withiu the last.'. wee' Ue W:l3 this morning taken to the Town Hall, when two out of nine Of the women present, wham he had so stabbed, swore to his persoii, and he was fully corna:itled to take hi 4 trial at the next, assizes at Wi:lchestcr. He ;tees no reason for such coodusl. ' Yesterday evening, about h.tlf past nine 9:k;lock a wonian was itablied by u man, at Gosport, tolgrio! s was drzssed in a blue close coat, ansi of-gentiernah like appearance, %thence it'is-; evident that tbelibove person who has beet) .apprc'ien(lol has . toot earn- • milted the whole of the late atroities i 1 tlrit neigh. bourhood: • • B4TII, r En. a. Yesterday came on tic Eleaion of a . Representa; tive of this City in 'ParliaMent, the • room of our former. highly respeaed Member, Jot PALMER,' Esq. (who has, on account of state of health, withdrawn -14)r a - time from public business) when CIIARLES PALMLII, Esq. his son, Wai YirfatlirnOUSly was proposed by Mr. Ai, erma n AN DER EO'ST, and seeondett by Mr. Alderman lioaToNP. After his eiettion had been dei,:lined, Major PALMER addressed the Corp();etiott, with great feeling, rwarly in the followinz terms " GpiNTLE.:4Es..- 7 Proinl as I feel in being thus ele&ed 'your- Representative, F assume not the slightest mcrit to myself upon the occtsion,"but con sider it entirety, on your part, as an at of the purest friendship to My father ; and believe tne in saying no one can be more anxious than Myself for that day 'when his health may enable him to resume the station, which, for the present, you have so kindly allowed use to occupy. I will not upon this occa- sion attempt to express his feelings or my own, but content Myself with assuring yen, that it is impos sibie for dna human heart to be more deeply im pressed with gratitude than mine for the'obligationS' you have conferred. It is to you, I firmly believe, that' at this moment I ,ate indebted for the ex istence of my father; you well know .the many, many. years of fatigue and anxiety he has ex perienced, under winch, I am persuaded, he would long ere this- have sunk, hadi:not, you, by raising hint to this honourable trust, at once - dispelled the gloom of disapnointthent, and open ed the brightest proipea to his hope.;.—You now enhance that obligation by • perinitting him, in a moment of sieknesi and e7Arerne debility, una ; ble to exert Itini,elf for the . rewaisk id that toil he had so long evonntered in the service of the Public,, thus eiretunstanced, to leave ,the task to me ; and I cannot but flattermyself, that the diiinterested, the noble example you have this day set, will tend to animate the exertions of his friends in Parliament, to procure for him that jusWe to which its own Committee has declared loin entitled. I prosper in the atreinpt, to you I 01311 chiefly attribute my success; but whatever the event, believe me it wttl be only with Litt; that I can lo'iu the recolleelion of your kindness." Sttoctuws Film—Yesterday spurning,. at half • after six, a tire was discovered In. the house ot Miss Piekman,' who kept a lace-shop! in Castle-etreet, lAticester4ields. The iohatiitants being fast asleep, of course did not hear the knocking - , which' was re 'stinted for sortie time at the dour. At length a pannel was burst in, and it was seen that the coun ter and shelves behind it were all in a blaze. Thi" admission of air tanned the 'flame, and every part of the house:was euiekly . on lire. There was but a lath and plaster wall between that and the house of Mr. Blewitt, who kept a conk-shop next door, and the two Louses in a short time exhibited but one body of ,'ire in the lower part of both. Miss Pick- Man, her servant, a Gentleman who lodged' in the house, and the niece of Miss Picknian, a tine young girl, who 'acted as shopwonaan to her alint, were wakened; but had In , time either to save any of the property or to dress theinsels es. The lady of the house went out Of the one pair of stairs front win dow on Jilts leads over the skip. By her hesitation es to Which way she should. : turn, the Gentleman, who followed her, had time to teeolleo that he had for got a little.box which contained something valtiable, be returned to his apartment and brought it out. ' The servant maid followed ; she lowered herself down by a lamp-irou into the street unhurt, whilst Miss Piekinatt and ber lodeer, get into the window of Mr. Ball, the musie-seller.The shopwotuan ran, in a bewilderedeitate, up to the three pair of 'stairs flogr; • Tile neighbeurs on the opposite side called to her to go down to the first floor and get out on the leads ; she appeared to have been Momentarily deprived of 'her-reason, and, when some stupid pee- Ole in the street, without taking the psecantion of heldirig a blanket or any thing to receive her, told her to leap out or she - Would be burned, she did so, and was literally dashed to pieces. Mrs. PUWitt Withber iot nit were for some time missing,, - but it was afterwards found that they escaped safely thrOugh a &unitary . window, over the top of the house, into another that was not on tire. At. a (patter after tierce the Nvalls, of the two houses al, ready mentioned fell to the ground, whiCh mate-. riallY tended to subdue the Hones; and by 'nine o'clock the - tire was almost extinguished. But by that time the house of Mr. Ball, Musie-Seller, in Castlestreet,. together with that of M. .I.i...ereot, chemist and druggist, in Bear-ttreet, were entirely - 6/Jimmied, together with all their stock ies trade and furniture.. The fire was at Q.LW time SO extremely strong thate the houses on the opposite side of the way would have cart Pub tire if the inhabitants bad not been supplied with reservoirs of water within themselves, from which theyleonstantly kept their doors and :windowi' wet, Some Smell 'houses in Cranbourn-alley were partially injured ; and the firemen found it oecte - sary to continue plqing until a late hoer last MO, to prevent the embers kindling afresh. CORN.-EXCLIANGE, FEL s.—To-day there are some tee it itrik ;di of Wheat, which makes a mid- Oiling supply, and ettittiouos nearly prices ; Baliq and Matt hkewise; Beans of the own sorts Aro rirther dearer ; Rye and Rapeseed also ; the Oat tr ido, fryr s.tinplei, (deli rather better price; in ;:0,k41 - alteratiuti. LW' REPORT. COURT of CHANCERY, 1-13,4.. WATURS V. .TAYLOR. Sir A anton PI GOOTT said he had a motion to make in tite,ol)9l(c cause on the part of the. Plaintiff, which' he 'understood the opposite party wished should stand ovcr till Saturday, as the Defendant had not had Glue to put itt bli; ati:;Wer. Mr. I..KA crr, for the Defendant, acquiesced, and the It . earing of the matter was postponed t 11 Saturday. - COURT OF KING's BFWCH, 'THE KING V. PLCTONT. Mr:DALLAS COMITICIIced his second head of argu ment, that supposiug either that no law of torture ever existed in I'rintaad, or encL, exi;4ing, it was re pealed by the.cession of ' the Colony to the British Government, yet, notwithstanding Governor PiCton Was nOt liable.to punishment, because he was ading in A .- judicial-capacity in the perforinutce. of a duty impaed . uptin him, and what.he btAng an error in jutrooot, was not a crime, un)esS it was done MAiciously, and no malice Was proved. The att flicrity cited by Mr. Not.A.N, to slew that malice need' not be proved, but vas a mere inference. of law, from the illegality-of the ati, was, he said, the case of the " the King v. Wuoatall," iu 11,,,e liepriL But the dextrine, in that case, as fir es it • applied to libels, had been .overturned by eNpress of Parliament. Thar at. any rate the inferer“ ;.4 malice, from-the illegality.of the act, was only seen as might be repelled byother'cirentnstances. Lord ELLuNBOItOUGH—" Can you repel the' in ference leaving the illegality undisturbed ? I should like to know what defence can be made, lit your sense of the word ; to en unlawful at but ,coo it ba defended without shewitig:it to be eulawfui,?" Mr. DALLAS--" Athtlittiag. it to he. unlewfully done ; upon its appearing to be the att. of 4 1:1%1 fel ; Judge in his judicial capacity, be enust be acquitted. For this he cited . Miller v. Sayer, 2 Blackstone & and also a manuscript report of a nisi pries decision .be , ;: fore , Lord Kenyon,. Trinity Term, lege, where,. up - on an indi6tment for an assault and false tionment by two Police Officers who, withota a Warrant,-':took up a 'man for; robbery by alibtilke, and finding him to be the wrong person, ;released him, Lord Kenyon said that they could not he la dieted." Lord - ELLENBOROULIII and Justice LAveacece both declared theitstrong reprehension of .this latter case, which they Could, not' possibly. attribute to the Learned Judge. IT thiit is to be the said Lord lit,L-ENDOROUGIi, :what is Co becume cif the liberty of thosubjea ? There must be somi: trt4'.e in tn'P report. DALLAS said, the note was teken by Mr. Seerlett, on., whose accuracy he could depend mote than on 'his own, and he could net doubt that rile case happeneslai.it was stated. Lord ELLEN BOROUGH.-..." lon argue to this . ex tent, Chat every, / rson acting in the diSeberge of a supposed duty, ading lion; ever iliegohy, is not an swerable crirtiinally if he acted e ionoosly ; noee there was an information miived sonic Magistrates, fOr grantit t g licenees,atter t be,day;tinet elthorigh they :lard upon the opiniee.ot bre, who is now Mr..ruMice.Cliornbre, and Atel without malice, Lord Kens;on'granted the j and yet that is the Judge to wholo yL.Ur :,..1 nuscript case attributes such a citeitiiOn you have stated." • , • Mr. bAr.r...ks then cited several eases from early times, of a6tions apinst :Returning Officers 1;4- &Gusty making double or 'wrong eetorris ot . for l'arliametit. In these crqS ttc.‘i not liable.A o an a&ioli, beCati4✓ to decide the number of votes. fle citcd also 130,;ieil'i 'cage, where a ind.,:i;e having titled and unpriictiej. Jury, who were eiischarged us illeeelly 'freed, Lord Hale held, epee' /.motion,, that the Judge ‘y:•• net answerable, and said, if. the party proceeded, "he would have _cold it. , ark: of it." The case of Fabtigas v. Mostyn„' which had been cited, said, Was a case of a Governor merely, and not of one ading as a Judge.. Mr..DAr,Lesehen considered at grearlenth the question, whether he had jurisdiaiort Jude, and this he endeavoured to derive from his Majesty's lit- stration, wherein he dires (hut the Spanish laws shall be observed, as used before the CeS6O6, and also that the Governor should have all the powers ) , civil as welt as tnilitinf, as 'the . Governor under the' Spanish laws. He then said, that from Begorrat'S evidence, it appeared that the Governor was the` superior tribu nal, vested with' the powers which were formerly vested in the Audience of Cat'raccas., Lard-ELexereoriouon.—" Hew does it appear. that upon Abe cession of the Colony the Governor - was vested with this authority ? Does it neediarily follow, that .upon the dissolution of a supeTiol! Court of Appeal, the jurisdiction of that Court falls upon the next inferior Court ? The Governor was only invested with the. powers of the Spanish GUVettlor, aced be hatl'not - this jurisdittion." - Mr; I)a.Lt.. Aselien cenilderej the.objeaions which had bean fiLitie on act. tint of Loeisa Calderon's being uncler fourteen, and said dial she most have been more. Her mother saiA she was oply ten, but if so b she must hive. be e * ti to live wkli the pt:n•soti who was robbed at the a r e of seven y'ea's. also en ileavourod to sh...wt riat she had a deleesor appointed, audlliat 'from the nature of 6overn,A• Pic:toll's trial th•••se points could•not have eolue in que,tino. 'Lord . .ILLLENeortoeGit !ot::412; about to p 10 tire C ty to sit 3t IVlli P rtus; thQ 'other Cutlzis,tl Ciniktitot be beard. • The Obiurdity of tjxing particular Days for Draw ing the groat Prizes in the I.ottLjy is done the Prize,s" will be put prdrni•scnou,ly into the of Fortune and &Ilan 'out at Cltatn rtnty The Sale of Tickets Lind Shares Jim' con,idervitity . increased in eonsetin,noe of the alteration. The rut ehaber cannot fail of obeerving the advantageg dem.: ed by bnying.betbre th'e Dia wiri2, - commences ; 3 , great ortny of the C..tpiial Prie 4 way bt drawn on the First Day of 1)1 -awing. tInaN SII al)d Co. humbly favour on the proetit occasion, and feel much ditligt - .'d by thop . t-ist.,--1,0, No 5;2, Charing Crosgi and St. N'Llrg - irces-hill,4l3or.itt.;ll. Yesterday an W i below GL.orgl Hod; utt, EST hu Arios, in consetineucx of.a fetpale child, about a itiov,ia old, b e i 4 . ) f oun d, to 'n dm in, with marl of viohn , ce an the tread. 'The Jury ret!.r - x.-:(1 verditt StMe [erSti:t toiktionw.